Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--- ----Ss. 9 & 21---General Clauses Act (X of 1897), S.21---Constitution of Pakistan, Arts.49 & 212---Law Reforms Ordinance (XII of 1972), S.3---Intra court appeal---Promotion, withdrawal of---Terms and conditions of service--- Locus Poenitentiae, principle of---Applicability---Appellant was civil servant and he assailed notification whereby he was reverted to his original post of junior clerk---Single Judge of High Court, in exercise of Constitutional jurisdiction, declined to interfere in the matter---Validity---When it came to the knowledge of competent authority that appellant was not appointed/ promoted under the law, then it had withdrawn the appointment/ promotion notification on the principle of locus poenitentiae in the light of provisions of S.21 of General Clauses Act, 1897---Single Judge rightly passed the order and did not commit any illegality or irregularity because it was not the case of fitness rather it was the case of reversion of appellant to his original post of junior clerk---Such act of authorities fell under the ambit of terms and conditions of service and appellant had remedy before Service Tribunal---Intra court appeal was dismissed in circumstances. The Engineer-in-Chief Branch through Ministry of Defence Rawalpindi and another v. Jalaluddin PLD 1992 SC 207; Inspector General of Police and another v. Ahmad Mustafa 1990 SCMR 1238; Pervaiz Aslam v. Ilyas Hussain Shah and another 1999 SCMR 784 and Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456 rel. ORDER CH. MUHAMMAD IQBAL, J.--- This Infra Court Appeal is directed against the order dated 18.5.2015 passed by the learned Single Judge-in-Chamber whereby Writ Petition No.7335/1991, filed by the appellant challenging the Notification No.5278-91/2927-E(F)1 dated 25.8.1991 whereby he was reverted to his original post of Junior Clerk, was dismissed. 2. It has been contended on behalf of the appellant that while passing the impugned order, the learned Single Judge-in-Chamber has not appreciated the fact that the matter pertains to fitness of the appellant, therefore, it does not fall under the ambit of terms and…

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